PROVIDING 5 STAR LEGAL SERVICES FOR OHIO INJURY VICTIMS
Ohio Wrongful Death Lawyer
Helping Grieving Families Obtain Answers
Experienced Wrongful Death Attorney Cleveland, Ohio
Losing someone you love is painful enough without the weight of someone else’s negligence looming over the situation. What’s more, in the event that a person’s recklessness or misconduct caused a loved one’s death, there are likely multiple economic damages and general inconveniences that are also causing you additional financial stress and emotional anguish.
The Ohio wrongful death attorneys at Joseph Law Group understand the gravity of these types of situations and are committed to helping victims’ surviving family members obtain justice and receive the compensation they are entitled to as the result of wrongful death. To speak with a skilled wrongful death lawyer in Ohio, give us a call at (216) 522-1600 today for a free consultation.
Is a Wrongful Death a Crime?
A wrongful death case involves a claim that one person’s negligent or reckless misconduct resulted in the death of another person. A wrongful death case is considered a civil matter when the claim is filed by an individual, typically a loved one or family member of the victim.
If a corresponding criminal case is involved, the outcome of that case is not always directly connected to the results of the civil case. Even if a guilty verdict is not handed down to the responsible party in the criminal case, a financial pay-out can still be awarded in the civil case.
Criminal cases are different from civil cases in several ways. A civil case involves a person seeking some form of pay-out, usually monetary, from another person or group for some kind of transgression through legal action. In criminal cases, the federal or local government is responsible for indicting the defendant, which often ends in either a plea bargain or a trial.
Another aspect of these different types of legal issues is that a civil case requires a lighter burden of proof, while in a criminal case, a guilty verdict can only be obtained when a defendant is found guilty beyond a reasonable doubt. Ultimately, civil cases have a much lower standard when it comes to determining defendant liability. As such, a defendant can be found innocent in a criminal case but still be found liable in a civil case concerning the same matter.
The sentencing in these cases is also completely different. Charges stemming from criminal cases are generally accompanied by harsh punishments such as fines, probation, or imprisonment. After being found liable for a victim’s death in a civil case, the defendant is not given a criminal sentence. Instead, the guilty party in a civil case is usually required to pay for economic and non-economic damages to the decedent’s heirs.
Ohio Wrongful Death Lawsuits
Along with the grief and pain of your loss, you will also be subjected to the stress of settling your relative’s legal and financial affairs while trying to plan for your family’s future. In some cases, the deceased may have been the sole provider for your family, causing considerable financial hardships.
During this sad and uncertain time, the Ohio wrongful death lawyers at Joseph Law Group are here to help. If the loss of your relative was due to a fatal accident or even an intentional act, you likely have the option to pursue a wrongful death claim and receive compensation for the losses you’ve sustained.
Of course, we know that financial compensation will not undo the great loss you have endured, but it will help to safeguard your family’s future when they need it the most. Our Cleveland personal injury attorneys know the toll that death can take on a family. Let our law firm bear the burden of legal deadlines and court intricacies so you can focus on grieving the loss of your family member and taking care of your loved ones.
Speak With an Ohio Wrongful Death Lawyer
The Cleveland wrongful death lawyers at Joseph Law Group have decades of experience assisting the victims of fatal accidents. We have been awarded favorable verdicts and settlements on behalf of clients who suffered serious injuries or who lost a loved one due to someone else’s negligence.
Our lawyers work aggressively on behalf of clients to obtain the maximum settlement or favorable verdict in a wrongful death case. Once we start working with clients, we review the details of the accident, identify the responsible parties, gather information, collect evidence, and work tirelessly to demonstrate why the defendant should be held legally liable and our client deserves justice and financial compensation. In addition, we ensure that victims are treated with the respect and compassion they deserve during their time of mourning.
To get started on your wrongful death lawsuit, contact Joseph Law Group today for a free case evaluation. We have offices in Beachwood, Cleveland, Akron, Toledo, Cincinnati, and Columbus, OH, and charge no up-front fees. That means we only get paid if you receive compensation.
Wrongful Death FAQs
If you are considering pursuing a wrongful death claim or survival action on behalf of your lost loved one, you probably have a lot of questions regarding the legal process, the kinds of compensation available, and what you should expect as your claim progresses.
Listed below are answers to some of the most frequently asked questions related to Ohio wrongful death cases. It is important to understand that no two cases are the same, and you may be able to recover compensation for several different types of damages in a wrongful death claim. The results of your case will depend on a wide variety of factors. Our law firm can explain what types of compensation might be available to you based on the specific circumstances of your case.
What Causes Wrongful Death?
Some of the more common causes of wrongful death in Ohio include:
We all know that vehicle accidents can lead to serious and catastrophic injuries, but unfortunately, these accidents are also one of the main contributors to Ohio wrongful death cases. These accidents may result from a negligent driver going over the speed limit, driving while distracted, or driving under the influence, among other things. If you have lost a loved one in a car accident that was caused by someone else’s negligence, you may have a valid wrongful death claim and be able to seek compensation for your loss. Our Ohio motor vehicle accident lawyers will clarify your legal options and help you file your claim.
Cases involving fatal tractor-trailer accidents can be complicated due to the federal and state laws that govern the operation of commercial trucks, their drivers, and their parent companies. Fortunately, our wrongful death lawyers have considerable experience in handling cases involving deadly tractor-trailer accidents and can walk you through the legal process of a wrongful death claim involving a commercial vehicle.
We rely on physicians, nurses, and other healthcare providers to keep us healthy and provide solutions to our ailments. As such, it can feel like you have been betrayed when a negligent party such as a nurse, doctor, hospital, or other provider’s actions cause further personal injury or death. If you lost a relative to medical malpractice, our Ohio medical malpractice lawyers can tell you what legal option is the most effective when it comes to holding the appropriate healthcare provider accountable.
When a product is marketed, built, or designed in a way that results in a death, you might have a viable wrongful death lawsuit against the retailer, designer, or manufacturer responsible for the defect. Our law firm can explain the various stages of a product liability case to you and help you decide on a course of action.
Slip and Fall/Trip and Fall
Property owners and managers have a duty to maintain their premises in a reasonably safe manner. When a manager or owner fails to maintain their property and a defect or hazard causes a deadly accident, they could be liable for wrongful death damages. Let our Cleveland premises liability lawyers review your potential case and examine your options for a wrongful death suit.
For answers regarding your unique case, we urge you to schedule a free consultation with one of our Cleveland wrongful death attorneys.
What is the Ohio Statute of Limitations for Wrongful Death?
Under Ohio law, you have two years from the date of your family member’s death to file a wrongful death suit. Although there are some exceptions to this deadline, you should never make any assumptions about your claim.
If you do not file your wrongful death lawsuit before the statute of limitations expires, your case will most likely be thrown out, leaving you to pay for any damages out of pocket. Working with a wrongful death law firm like us ensures that you do not miss any of the relevant deadlines.
What Damages Can You Obtain in an Ohio Wrongful Death Claim?
Losing a member of your family is never easy, and the loss of the emotional and financial support they provided can devastate a family. If you are the surviving spouse or closest surviving relative, you are entitled to seek compensation. By negotiating with an insurance company or filing a wrongful death lawsuit, you may be able to recover losses related to:
- Funeral expenses and burial expenses
- Loss of financial support, including the deceased’s reasonably expected earning capacity
- Loss of support such as child-rearing
- Loss of consortium, society, or companionship
- Loss of a prospective inheritance
- Mental trauma
- Pain and suffering
Remember, every case is different, and you could be awarded other damages (such as punitive damages against the defendant, for example) that your Ohio attorney can evaluate and explain in further detail.
How Can an Ohio Wrongful Death Attorney Help Me?
Establishing negligence can be extremely challenging without sufficient resources and knowledge of state law. That is why it is so important that you obtain the help of a wrongful death law firm like Joseph Law Group to ensure your case is in good hands. To see a successful outcome to your case, we will spend time gathering evidence that establishes the following:
- The defendant was obligated to show due care
- The defendant violated this duty by acting negligently
- Your family member died as a result of the defendant’s actions
- You have psychological, physical, and financial losses caused by your family member’s death
At Joseph Law Group, we will utilize our extensive legal knowledge and decades of combined experience to move your case forward quickly and efficiently. Once an attorney-client relationship is established, our wrongful death lawyers will collect the facts and circumstances surrounding the death of your loved one to prove that you are legally entitled to financial compensation. The information we will utilize includes:
- Police reports
- The deceased’s medical records
- Any security or surveillance footage that may have captured the accident
- Eyewitnesses testimony
- Videos and pictures of your family member’s accident and injuries
We will also consult accident reconstruction specialists and medical professionals to learn more about the cause of your relative’s death. All of this cannot be done without the help of an experienced attorney with years handling wrongful death cases and similar practice areas.
What if the Deceased Contributed to the Accident?
According to Ohio law, as long as the deceased victim was not the party primarily responsible for the accident, you can still obtain financial compensation. However, the amount of compensation you are awarded might be reduced by the percentage of fault assigned to them. For example, if your family member was 20% responsible for the accident, you would only be entitled to collect 80% of your losses.
How is the Value of my Wrongful Death Case Calculated?
The value of your case is determined by using the employment records and medical bills of your loved one, among other things. We might also consult economists to establish the value of your expected damages. The value of your claim will also hinge on:
- The manner in which the victim’s death occurred
- The deceased’s role in the household
- The total sum of their lost wages and medical bills
- The severity of their injuries
Speaking with the experienced wrongful death lawyers at Joseph Law Group can help you navigate the often difficult world of wrongful death claims and get a better idea on how much your claim might be worth. We have years of experience handling complex wrongful death cases in Ohio and can help you and your family during this difficult time.
What if the Insurance Carrier Won’t Settle?
If the insurer refuses to offer a fair settlement, we can file a suit against the negligent party and take them to court. To manage your case, we will:
- Take depositions
- Trade evidence with the defendant’s lawyers
- Submit the cost of your losses with supporting documentation
- File your case within the statute of limitations
- Engage with the defendant’s lawyers on your behalf
Our experienced team of attorneys will also continue to negotiate with the insurance company even after we have filed your claim.
What If the Insurance Carrier is Treating Me Unjustly?
During this devastating period of loss, we will not allow the liable insurer to partake in any bad faith insurance practices. We will conduct any and all communications with the insurance company, such as:
- Answering their messages, phone calls, and emails
- Refusing any lowball offers
- Reviewing the defendant’s insurance policy
- Negotiating a favorable settlement
In Ohio, the insurer is given 15 days to respond to your claim. In many instances, it is not uncommon for them to take their time responding in hopes that you will give up and find some other way to collect your compensation. We won’t let that happen. Along with managing all communications, we will ensure that your claim progresses at an appropriate rate and you receive what you are entitled to.
Speak with a Wrongful Death Lawyer at Joseph Law Group
The experienced wrongful death lawyers at Joseph Law Group know Ohio’s state laws like the back of our hands. Not only do we explain these laws to our clients, but we also use our knowledge and experience to move your case forward and achieve the most favorable outcome possible. Also, in addition to seeking a settlement for the losses resulting from the defendant’s negligence, your Ohio wrongful death attorney will assist in deciding if the deceased’s will is a factor in the distribution of the settlement.
The sudden loss of a loved one is one of the hardest things a family has to go through. That’s why our personal injury lawyers are committed to defending your legal rights, leaving you free to concentrate on you and your family’s needs. Contact an Ohio wrongful death attorney at Joseph Law Group today by calling (216) 522-1600 for a free consultation and to learn about your legal options.
Fighting For Your Family
If you lost a loved one in an accident due to the negligence of another party, don’t wait; contact a Cleveland personal injury lawyer today. Call us at 866-522-1402 or contact us online to schedule a free consultation. We proudly serve clients throughout Ohio and have offices in Cleveland and Youngstown, and you never pay any fees unless we are successful in helping you recover compensation.
3690 Orange Place - Suite 175
Beachwood, Ohio 44122
Toll-free | 866-522-1402
Greater Cleveland | 216-522-1600
Youngstown/Akron | 330-797-0481
Southeast Ohio | 740-212-8180
Columbus | 614-591-3670
Toledo | 419-273-0380
Cincinnati | 513-880-0325